What do you do if negotiations for writing contracts become contentious?

A lawyer must remember that they are a representative; their first obligation is to the client. While it may be easy to give in to human nature and engage in emotional conflict, that rarely serves a client's interests. I could cite the ethics rules on negotiations, but here is a piece of practical advice: The first thing to do when negotiations begin to turn contentious is try not to make things worse.

In contentious contract negotiations: 1. Communicate clearly. 2. Seek mutual benefits. 3. Consider a mediator if needed. Remember, the goal is to reach an agreement that is fair and satisfactory for everyone involved.

O primeiro passo é separar as pessoas do problema. Ou seja, o seu foco é a resolu??o do problema e n?o o ataque às pessoas. Na grande maioria dos casos existem interesses comuns entre as partes, apesar das divergências, os quais s?o a chave para um acordo bem-sucedido para todos os envolvidos. Contudo, caso você esteja envolvido emocionalmente com o problema...a melhor coisa é pedir ajuda! Certo?

If negotiations for writing contracts become contentious, you should listen well. This is so that you can understand why the other side doesn't agree to your terms. You need to not be emotional. This is so that you can listen properly to what the other person has to say. You must stay neutral. You musn't interupt when the other person is speaking. This is because you might miss some important parts if you were to do so.

You need to communicate clearly when negotiating for a contract. This is to avoid any misunderstanding. You must clearly state the reason behind your terms in the contract. This is so that the other side can understand it properly. You must also use simple and direct language. Don't go beating round the bush just to get to one point. You must be concised and precised. This is because no one has the patience to read through such long and confusing terms.

Even if you aren't getting what you want, you still need to know how to compromise wisely. This is to avoid any conflict from occuring. You need to identify your priorities. This is because these are the things that you cannot compromise on. You should compromise by including the other person's idea into the terms your contract. This is a way of compromising so that the other person is willing to accept your terms.

If negotiations become contentious, then the writer should simply leave. Very rarely do such contentions get cleared up amicably. It's not worth the hassle of worrying and trying to appease someone else.

Instead of fixating on specific demands or positions, focus on underlying interests and objectives. Explore alternative options and trade-offs that meet the core needs of both parties. Demonstrate a willingness to negotiate in good faith and make reasonable concessions to move the process forward. Avoid tactics aimed at gaining unfair advantage or undermining trust. If necessary, consult with legal advisors or professionals experienced in contract negotiations to ensure that your rights and interests are protected. They can provide valuable guidance and support throughout the negotiation process.